Current through Register Vol. 56, No. 18, September 16, 2024
(a) When a non-needy stepparent is married to a
natural or adoptive WFNJ recipient parent and is not the parent of any of the WFNJ children, the non-needy
stepparent, the stepparent's natural or adoptive children and the WFNJ recipient parent shall be excluded
from the eligible assistance unit; therefore, the eligible assistance unit shall consist of only the WFNJ
children. Eligibility for the WFNJ children shall be established provided that the gross income of the
assistance unit does not exceed the maximum income limits for the applicable household size as referenced in
(a)1 below, and the countable income of the eligible children does not exceed the limits referenced in (c)
below.
1. Household maximum income limits for non-needy stepparents
marrying WFNJ recipient parents shall be based on 150 percent of the Federal Poverty Income Guidelines as
published each year in the Federal Register and subsequently as a public notice in the New Jersey
Register.
(b) WFNJ eligibility shall not exist for any
month if the total income exceeds 150 percent of the Federal Poverty Income Guidelines for the appropriate
number of persons in the household. The household shall include the natural or adoptive parent, his or her
children, the non-needy stepparent and the stepparent's children residing in the same household who are
claimed or could be claimed by the stepparent as dependents for Federal personal income tax liability and who
are not recipients of WFNJ or SSI benefits.
1. The income of the assistance
unit shall be determined by counting the gross income of all members of the household, which shall be reduced
only by any amounts paid as alimony or child support to individuals not living in the household. Although SSI
benefits are exempt, all other countable income of the natural or adoptive parent is considered.
2. The gross income derived from the computation procedures in (b)1 above
shall be compared to 150 percent of the Federal Poverty Income Guidelines. Provided the household's gross
income is less than the amount for the appropriate household size, initial WFNJ eligibility shall be
established for the children of the natural or adoptive parent (excluding children who are recipients of SSI
benefits). If the household's gross income equals or exceeds the applicable poverty level guideline amount,
all members of the household shall be ineligible for WFNJ benefits.
i. The
parent of the eligible children shall sign the application for assistance and fulfill all obligations
contained therein.
ii. The grant for eligible children shall be:
(1) The appropriate maximum allowance payment in Schedule II at
10:90-3.3, less any income available to the eligible assistance
unit, including the countable income of the natural or adoptive parent as determined in (c) below.
(2) In no event shall the WFNJ payment for the eligible children be reduced
below $ 10.00 until such time as gross income of the assistance unit exceeds the applicable Federal Poverty
Income Guideline for the appropriate household size, and the countable income of the eligible children does
not exceed the maximum benefit payment amount in Schedule II at
10:90-3.3 for the appropriate eligible unit size.
(c) Countable income to the WFNJ eligible
children shall be determined in accordance with the following procedures:
1. The income of the non-needy stepparent shall be totally
excluded.
2. Any earned income of the WFNJ parent shall be
reduced by the appropriate disregard as specified at
10:90-3.8, and the result added to any unearned income received
by that parent. The result of this calculation is further reduced by the payment benefit level amount for an
eligible unit of one in Schedule II at 10:90-3.3.
3. All
remaining income of the natural or adoptive parent shall be considered as unearned income and shall be added
together with any other countable income of the children to determine the total countable income available to
the eligible assistance unit.
4. The total countable income shall
be deducted from the payment benefit level for the appropriate eligible unit size in Schedule II at
10:90-3.3, and the remainder shall be the WFNJ benefit payable
for the eligible children.
i. In the event that the WFNJ benefit
calculation results in a benefit of less than $ 10.00, (b)2ii(2) above shall apply.
